Right Of Access

Section62

mrlinderley said:

So my boundary is red. I am having the issue with blue. He claims access from A to B down the side of my garage. There is a right of access from C to D for the person living in green as until we bought the house he owned all the land in green and red.

If your plot (red) was carved out of the green plot, then you also need to check what the deeds for green say - green may have given blue (or whatever was there before blue was built) a right of access along D to C.  And possibly that right hasn't been correctly copied over into your deeds when red was sold off.  This could also explain why green has retained a right from D to C.

mrlinderley

I will get the deed document showing the boundaries posted up when I get home. I can't get to it right now.
From memory it indicates green can pass from C to D on foot.
Green are not bothered for coming through as there is no benefit.
It's a bit emotionally tied as blue is an older gentleman and green keeps an eye on him from when they lived in red (now my house). Green has said that when blue moves on they are happy fence off their right of access and hopefully legally.
Blue's main access to his property is down the purple lane. And he can get from point A to B via the orange route just as easily.
Green do not cause me a problem but blue insists that he wants keep his right of access 'live' as before my garage was built there was a track running south. But this must of always been Greens land.   

mrlinderley

thanks folks

LightFlare

If green has right of way C to D  and A to B appears to be along this right of access I’m not sure you can prevent A to B without compromising C to D (unless I am misunderstanding)

mrlinderley

C and D that go from green to red are in a north south direction.
C the gate is north/south. D is out onto the main road.
A and B there are separate gates East/West

'If your plot (red) was carved out of the green plot, then you also need to check what the deeds for green say - green may have given blue (or whatever was there before blue was built) a right of access along D to C.  And possibly that right hasn't been correctly copied over into your deeds when red was sold off.  This could also explain why green has retained a right from D to C.'

You could be right. I will check with green.

If there is nothing in any deeds. Does blue have any rights? or if he could prove that he has used it in that was before for 20 years or more could he claim his right of access?
I have been reading about some sort of 'prescription rights' but i can't figure it out.